AJAY KUMAR Vs. UMA

JUDGEMENT

(1.) Petition has been preferred under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') by the petitioner for quashing of Complaint Case No.1852/2021 and proceedings emanating therefrom, as well as quashing/modification of order dtd. 15/9/2021 passed by learned MM, Tis Hazari Courts whereby in an application for interim maintenance under Sec. 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'DV Act'), the petitioner was directed to pay a sum of Rs.6000.00 per month to the complainant/respondent towards rent alongwith interim maintenance of Rs.11,460.00 per month to the complainant and a sum of Rs.9,800.00 towards the expenditure of both minor daughters in terms of paragraphs 14 and 15 as under:

(2.) As per the case of the petitioner, the marriage between the parties was solemnized according to Hindu rites and ceremonies on 31/5/2010 at Delhi. On 4/5/2011 and 5/3/2014, the couple was blessed with daughters. A loan had to be taken up by the petitioner for a sum of Rs.5,00,000.00 from bank on 3/11/2018 for the purpose of treatment of the respondent/complainant since she had developed some medical complications. Another loan was further obtained for a sum of Rs.2,00,000.00 on 10/6/2019 and the petitioner has been paying Equal Monthly Instalments ('EMIs', for short) for the same. In December, 2020, petitioner who is working as a Head Constable in Delhi Police developed some doubt over activities of the respondent/complainant and it was found that she had illicit relationship with his elder brother, Vinay Kumar, for four years as well as with one Rahul and Anuj. He also alleged that the respondent had planned a hoax case of theft at home of her jewellery which she had handed over to Vinay Kumar during their illicit relationship. An FIR No.301/2018 regarding theft was lodged at P.S. Khajoori Khas,

(3.) It is further the case of the petitioner that his cousin namely, Priya, confessed to him in July, 2021 that the respondent on 9/9/2020 on a false pretext took her to Hotel Signature, Gali No.6, Gopalpur Road, Delhi where two men, namely, Rahul and Anuj were already present. The respondent/complainant on the basis of Aadhar Card of Priya got entry in the Hotel and after taking some money from Rahul, asked Priya to go alongwith Rahul. On entering the room she was sexually molested by Rahul but managed to escape. Priya was further threatened by the respondent/complainant that in case she disclosed about the incident, she would be defamed. A similar incident is stated to have been repeated on 11/12/2020 by the respondent.